Satendra Chauhan @ Satyendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32693 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- THAWE RPF/POST District- Saran ====================================================== Satendra Chauhan @ Satyendra Chauhan, Male, aged about 24 years, Son Of Harindar Chauhan, Resident of Village - Basdila Buzurg, Salemgarh, P.S.- Tareya Suzan, Distt.- Kushinagar, Uttar Pradesh at Present Noniapatti, P.S.- Chauki Bahadurpur, Distt.- Kushinagar, U.P.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Santosh Kumar Sinha 2, Advocate.

For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Section 3 of the R.P. (U.P.) Act. The prosecution story, in brief, is that on 17.11.2020 unknown culprits have committed theft of two juggle plates from KM No. 49/3-4 and 50/6-7. Doubt goes to inhabitants of villagers of Tinferia, Noniapatti and Domaria Bhadi who are frequently using the track for their ins and out. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.32693 of 2021(2) dt.30-06-2021 2/3 petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is a scrap dealer. Two juggle plates in question are said to have been purchased by the petitioner in auction made by the Railways. The petitioner is the first offender. The petitioner had no knowledge that the juggle plates in question are stolen property.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned Judicial Magistrate, Railway Sonepur, Chapra, in connection with Thawe R.P.F. Post Case No. 03 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.32693 of 2021(2) dt.30-06-2021 3/3 eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T